The Land Office, in its first formal action to protect a state trademark on the phrase "The Alamo," has argued the slogan dilutes the state's trademark and denigrates the Alamo as well as those on both sides who died in the 1836 battle.

"(The) applicant's mark disparages the deceased combatants of the Battle of the Alamo by communicating that their sacrifice was not worthy of memory or esteem," the Land Office said in its opposition notice.

The controversy is the latest this summer involving alcohol and the Alamo. Karen Thompson, president general of the Daughters of the Republic of Texas, which has an operations contract at the shrine, opposes the Land Office's plan to let caterers serve booze at after-hours events in Alamo Hall, a reception area on the state complex. Plans to serve beer and wine on city property at Friday night's Alamo Plaza Better Block event have rankled some who feel it is disrespectful.

Like Travis vs. Bowie

Observers say Thompson and Land Commissioner Jerry Patterson have clashed over alcohol at the Alamo with the same vehemence as the two Alamo commanders - William Barret Travis, who led regular forces and was a teetotaler, and Jim Bowie, who drank heavily and led the volunteers. Thompson noted in her July newsletter to more than 7,000 members that "we have two totally different views" on the issue.

In the new trademark case, the Land Office said the issue is not about alcohol, but preservation of an 1836 Texian battle cry, "Remember the Alamo," that, to many, still captures the spirit of Texas and the state's proud but complex history. Mark Loeffler, Land Office spokesman, said Qwercky's application mentions mugs, clothing and even underwear as potential merchandise.

"Surely there must be other ways to promote a bar than disparaging the memory of not only the defenders of the Alamo, but the Spanish priests and Native Americans who died there during the 300-year history of the mission," Loeffler said.

Erck's lawyer, John Cave, had little to say Thursday about the application, but disputed the Land Office's claim.

"We don't agree that there's any disparagement going on," Cave said, adding that he and Erck would not comment on the case until they've had time to discuss it.